Introduced in House — H.R. 8167

119th CONGRESS

2d Session

H. R. 8167

IN THE HOUSE OF REPRESENTATIVES

March 30, 2026

Ms. Titus (for herself and Mr. Baumgartner) introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To amend the Foreign Service Act of 1980 to establish a Diplomatic Reserve Corps.

Section 1. Short title

This Act may be cited as the Diplomatic Reserve Corps Act of 2026.

Sec. 2. Diplomatic Reserve Corps

Title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is amended by adding at the end the following:

14 DIPLOMATIC RESERVE CORPS
I Diplomatic Reserve Corps
1401. Diplomatic Reserve Corps
(a) In general
There is in the Department of State a Diplomatic Reserve Corps.
(b) Purpose
The purpose of the Diplomatic Reserve Corps is to assist the Secretary of State, the Department of State, and the Foreign Service in the discharge of their responsibilities and functions as authorized by law through the maintenance of a reserve of trained personnel available for active service when the needs of the Secretary, the Department, or the Service so require.
(c) Nature of corps
(1) In general
The Diplomatic Reserve Corps is an independent personnel system within the Department of State.
(2) Not an element of the foreign service
The Diplomatic Reserve Corps is not a component or other element of the Foreign Service. Members of the Diplomatic Reserve Corps, whether or not on active service, are not members of the Foreign Service.
1402. Elements
The Diplomatic Reserve Corps has four elements as follows:
(1)
The Senior Diplomatic Reserve.
(2)
The Senior Diplomatic Retiree Reserve.
(3)
The Diplomatic Reserve.
(4)
The Diplomatic Retiree Reserve.
1403. Administration
(a) Administration by secretary of state
Under the direction of the President, the Secretary of State shall administer and direct the Diplomatic Reserve Corps and shall coordinate its activities with the needs of the Department of State and the Foreign Service.
(b) Assistance by director general of the foreign service
(1) In general
The Director General of the Foreign Service should assist the Secretary in the management of the Diplomatic Reserve Corps.
(2) Delegation
Subject to the approval of the Secretary, the Director General may, in assisting the Secretary pursuant to paragraph (1), delegate to an appropriate senior officer in the Department overall responsibility for management of the Diplomatic Reserve Corps.
(c) Compatibility between diplomatic reserve corps and foreign service and other government personnel systems
The Diplomatic Reserve Corps shall be administered to the extent practicable in conformity with policy and regulations applicable to the Foreign Service, in particular, and the policies and regulations of the Government, generally.
(d) Relation and responsibility of bureaus, offices, etc. of department of state to diplomatic reserve corps
The bureaus, offices, and operating elements of the Department of State have the same relation and responsibility to the Diplomatic Reserve Corps as they do to the Foreign Service and the civil service of the Department.
(e) Regulations; delegation of functions
(1) Regulations
The regulations prescribed under section 206(a) may include regulations relating to the Diplomatic Reserve Corps and the discharge of its functions.
(2) Delegation of functions
Section 206(b), relating to delegation of functions by the Secretary of State, applies to functions with respect to the Diplomatic Reserve Corps.
1404. Authority of the Inspector General
The Diplomatic Reserve Corps is an operating unit of the Department of State for purposes of section 209, relating to the authorities and responsibilities of the Inspector General of the Department of State.
1405. Headquarters staff
(a) In general
Members of the Diplomatic Reserve Corps may be assigned to the headquarters of the Department of State to participate in the administration of this chapter and in the preparation of policies and regulations relating to the Corps.
(b) Treatment within limitations on staff size
Any members of the Diplomatic Reserve Corps assigned to headquarters of the Department pursuant to subsection (a) are in addition to any other numbers of staff at the headquarters as otherwise authorized or limited by law.
(c) Construction of authorization
The authority in subsection (a) may not be interpreted to prohibit or limit the assignment of members of the Diplomatic Reserve Corps to other posts, positions, or other locations of assignment, whether permanent or temporary, in the United States.
1406. Recruitment
(a) In general
The Secretary of State shall take appropriate actions to ensure that recruitment for the Diplomatic Reserve Corps ranges widely throughout the United States and is designed to obtain and maintain a Corps that is representative of the American people.
(b) Personal services contracts
(1) Contracts authorized
The Secretary may enter into one or more contracts with private individuals for personal services in connection with recruitment for the Diplomatic Reserve Corps, including to assist in the discharge of the requirement in subsection (a).
(2) Not government employees
Individuals under contract under this subsection shall not be considered employees of the United States for any purposes. However, the Secretary may specify in any such contract the applicability of a law administered by the Secretary to the activities of the individual covered by such contract.

Sec. 3. Appointments and related matters

(a) In general

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as added by section 2 of this Act, is amended by adding at the end the following:

II APPOINTMENTS AND RELATED MATTERS
1411. Authorized strength
(a) Authorized strength
The authorized strength of the Diplomatic Reserve Corps as of September 30 of each fiscal year as follows is the number specified for such fiscal year:
(1)
For fiscal year 2026, 250.
(2)
For fiscal year 2027, 500.
(3)
For fiscal year 2028, 750.
(4)
For any fiscal year after fiscal year 2028, 1,000.
(b) Strength when not otherwise prescribed by law
Whenever the authorized strength of the Diplomatic Reserve Corps is not prescribed by law, it shall be prescribed by the President.
(c) Strength of senior diplomatic reserve
Except as otherwise prescribed by law, the authorized strength of the Senior Diplomatic Reserve as of September 30 of each fiscal year may not exceed a number equal to 10 percent of the authorized strength of the Diplomatic Reserve Corps as of such date.
1412. Eligibility for appointment
(a) In general
An individual is eligible for appointment to the Diplomatic Reserve Corps if the individual—
(1)
is a citizen of the United States;
(2)
is at least 21 years of age; and
(3)
meets such physical, mental, and professional qualifications as the Secretary of State shall prescribe.
(b) Higher age limit for appointments for certain service
Notwithstanding subsection (a)(2), if the Secretary determines that the demands of particular service in the Diplomatic Reserve Corps can be met only by individuals of an age higher than that specified in that subsection, the Secretary may prescribe a higher age than that specified in that subsection as a qualification for appointment in the Corps for such service.
(c) Physical capacity for service
(1) In general
Notwithstanding subsection (a)(3), if the Secretary determines that an individual who does not otherwise meet the physical qualifications prescribed pursuant to that subsection is capable of the physical discharge of the service in the Diplomatic Reserve Corps for which the individual would be appointed, the individual may be appointed to the Corps for such service.
(2) Case-by-case determination
Any determinations under paragraph (1) shall be made on case-by-case basis. The authority to make such determinations may not be delegated.
(d) Examinations for appointment
The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Diplomatic Reserve Corps.
(e) Appointment of veterans
(1) In general
The fact that an applicant for appointment to the Diplomatic Reserve Corps is a veteran or disabled veteran shall be considered an affirmative factor in making appointments to the Corps.
(2) Veteran or disabled veteran defined
In this subsection, the term veteran or disabled veteran has the meaning given that term in section 301(c).
(f) Prohibition on simultaneous service as member of the uniformed services
(1) Prohibition
An individual may not serve simultaneously as a member of the Diplomatic Reserve Corps and a member of a uniformed service (whether as a regular or a reserve).
(2) Uniformed service defined
In this subsection, the term uniformed service means any of the uniformed services specified in section 2101(3) of title 5, United States Code.
1413. Appointments generally
(a) Senior diplomatic reserve
The President may, by and with the advice and consent of the Senate, appoint an individual as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Reserve.
(b) Senior diplomatic retiree reserve
(1) Appointment by president
The President may, by and with the advice and consent of the Senate, appoint a retired career member of the Department of State (including a retired career member of the Foreign Service and a retired civilian officer or employee of the Department) as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Retiree Reserve.
(2) Appointment by secretary
The Secretary of State may appoint a retired career member of the Senior Foreign Service as a member of the Diplomatic Reserve Corps in the Senior Diplomatic Retiree Reserve if there is no break in service between the individual’s retirement from the Department and commencement of membership in the Senior Diplomatic Retiree Reserve.
(c) Diplomatic reserve
(1) In general
The Secretary may appoint members of the Diplomatic Reserve Corps in the Diplomatic Reserve in accordance with this chapter and such regulations as the Secretary may prescribe.
(2) Regulations
Any regulations under paragraph (1) shall conform, to the extent practicable, to the regulations prescribed pursuant to section 303.
(d) Diplomatic retiree reserve
(1) In general
The Secretary may appoint retired career employees of the Department (including retired career members of the Foreign Service and retired civilian officers or employees of the Department) as members of the Diplomatic Reserve Corps in the Diplomatic Retiree Reserve in accordance with this chapter and such regulations as the Secretary may prescribe.
(2) Regulations
Any regulations under paragraph (1) shall conform, to the extent practicable, to the regulations prescribed pursuant to subsection (c)(2).
(e) Term of appointment
(1) Term of appointment in senior diplomatic reserve
The term of any appointment in the Senior Diplomatic Reserve under subsection (a) shall be such period as the President determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps.
(2) Term of appointment in senior diplomatic retiree reserve
The term of appointment under subsection (b) in the Senior Diplomatic Retiree Reserve shall be as follows:
(A)
In the case of an individual appointed under subsection (b)(1), such period as the President determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps.
(B)
In the case of an individual appointed under subsection (b)(2), such period as the Secretary determines at the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps.
(3) Term of appointment in diplomatic reserve or diplomatic retiree reserve
The term of any appointment under subsection (c) in the Diplomatic Reserve, or under subsection (d) in the Diplomatic Retiree Reserve, shall be such period, not to exceed three years, as the Secretary determines as the time of such appointment to be appropriate for the needs of the Diplomatic Reserve Corps.
(4) Renewal of appointments
The appointment of any member of the Diplomatic Reserve Corps may, upon the successful completion of a term of appointment in the Corps, be renewed for a term of length provided for in paragraph (1), (2), or (3), as applicable, in accordance with such regulations as the Secretary may prescribe.
(f) Probationary first term of appointment
The first term of appointment of any member to the Diplomatic Reserve Corps is a probationary period, and such appointment of such member to the Corps may be terminated by the President or the Secretary at any time during such period.
1414. Appointments to salary classes
(a) Senior diplomatic reserve
Appointment to the Senior Diplomatic Reserve under section 1413(a) shall be to a salary class established under section 1421 that is consistent with the qualifications and experience of the individual appointed.
(b) Senior diplomatic retiree reserve
Appointment to the Senior Diplomatic Retiree Reserve shall be to a salary class as follows:
(1)
In the case of appointment under section 1413(b)(1), to a salary class established under section 1421 that is consistent with the qualifications and experience of the individual appointed.
(2)
In the case of appointment under section 1413(b)(2), to a salary class established under section 1421 that is no higher than such held by the individual at the time of retirement from the Department.
(c) Diplomatic reserve
Appointment to the Diplomatic Reserve under section 1413(c) shall be to a salary class and step established under section 1422 that is consistent with the qualifications and experience of the individual appointed.
(d) Diplomatic retiree reserve
Appointment to the Diplomatic Retiree Reserve under section 1413(d) shall be to a salary class and step established under section 1422 that is no higher than such held by the member at the time of retirement from the Department.
1415. Skill identifiers for Diplomatic Reserve Corps members
(a) Schedule of identifiers
(1) Schedule required
The Secretary of State shall prescribe a schedule for identifying the member skills of each member of the Diplomatic Reserve Corps.
(2) Purpose
The purpose of the schedule required by paragraph (1) shall be to facilitate the ready identification of members of the Diplomatic Reserve Corps with particular skills during mobilizations of members of the Corps under this chapter to assist the Secretary, the Department of State, and the Foreign Service in the discharge of their responsibilities and functions.
(3) Nature of skills identifiers
In order to best achieve the purpose described in paragraph (2), the identifiers of member skills prescribed pursuant to paragraph (1) shall conform, to the extent practicable, to the skill designators (commonly referred to as skill codes) assigned to members of the Foreign Service.
(b) Assignment of identifiers
(1) Assignment upon appointment
Upon the appointment of an individual as a member of the Diplomatic Reserve Corps, the Secretary shall assign the member a primary skill identifier, and any appropriate secondary and tertiary skill identifiers, in accordance with the schedule required by subsection (a).
(2) Superseding assignment
Upon any material change in the skills of a member for purposes of the schedule, the Secretary shall assign the member one or more new identifiers under the schedule appropriate to reflect such material change.

(b) Eligibility for diplomatic and consular commissions

Section 312 of the Foreign Service Act of 1980 (22 U.S.C. 3952) is amended—

(1)

in subsection (a)—

(A)

by inserting or the Diplomatic Reserve Corps after the Service the first place it appears; and

(B)

by inserting or the Corps after the Service the second and third places it appears; and

(2)

in subsection (b), by inserting or the Diplomatic Reserve Corps after the Service.

Sec. 4. Compensation and other benefits

(a) In general

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 3(a) of this Act, is further amended by adding at the end the following:

III COMPENSATION AND OTHER BENEFITS
1421. Salaries of Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve
(a) Salary classes
There shall be two salary classes for the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve, with an appropriate title for each class prescribed by the President.
(b) Basic salary ranges and rates
(1) Salary ranges
The President shall prescribe the ranges of basic salary for each salary class of the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve.
(2) Basic salary rates
(A) Maximum and minimum rates and related matters
The second sentence of paragraph (1) of section 402(a), and paragraph (3) of that section, shall apply to the establishment and maintenance of basic salary rates under this subsection.
(B) Rate payable to particular members
The Secretary of State shall determine which basic salary rate within the ranges prescribed by the President under paragraph (1) shall be paid to each member of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve in accordance with the provisions, and subject to the limitations, of section 402(a)(2).
(c) Conformity to senior foreign service
The actions taken pursuant to this section shall conform, to the extent practicable, with actions taken pursuant to section 402(a) with respect to salaries of the Senior Foreign Service.
1422. Diplomatic Reserve Schedule for Diplomatic Reserve and Diplomatic Retiree Reserve
(a) In general
The President shall establish a Diplomatic Reserve Schedule which shall apply to members of the Diplomatic Reserve and the Diplomatic Retiree Reserve.
(b) Classes and steps
The Diplomatic Reserve Schedule shall have 9 salary classes. Each salary class of the Schedule shall have 14 steps.
(c) Basic salary ranges and rates
(1) Salary ranges in classes
The basic salary range for each salary class in the Diplomatic Reserve Schedule shall be equivalent to the salary range for the analogous salary class in the Foreign Service Schedule under section 403.
(2) Basic salary rates of steps
The basic salary rate for each step within a salary class in the Diplomatic Reserve Schedule shall be equivalent to the salary rate for the analogous step in the analogous salary in the Foreign Service Schedule.
(3) Adjustments
Salary rates established under this subsection shall be adjusted in accordance with section 5303 of title 5, United States Code, whenever adjustments are made pursuant to the Foreign Service Schedule pursuant to the last sentence of section 403.
1423. Changes in salary classes
Except as authorized by subchapter I of chapter 35 of title 5, United States Code, changes in the salary class of a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, or of a member assigned to a salary class in the Diplomatic Reserve Schedule shall be made only in accordance with subchapter IV.
1424. Computation of basic pay
Basic pay provided for by section 1421 or 1422 is payable to a member of the Diplomatic Reserve Corps on an hourly basis (as computed in accordance with section 5504(b) of title 5, United States Code), for each hour, or portion thereof, of active service in the Corps (whether active service under subchapter VI or active service for training under subchapter V).
1425. Performance pay for members of the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve
(a) Eligibility
(1) In general
Members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve are eligible to compete for performance pay in accordance with this section.
(2) Construction of eligibility
The fact that a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve competing for performance pay would, as a result of the payment of such pay, receive compensation exceeding the compensation of any other member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve shall not preclude the award or its payment.
(b) Payment
(1) Lump sum payment
Performance pay under this section shall be paid in a lump sum.
(2) Construction with basic salary and other awards
Performance pay shall be in addition to the basic salary prescribed under section 1421 and any other award grantable or payable to members of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve.
(c) Award and payment
(1) In general
Awards of performance pay under this section shall be subject to the provisions of the first sentence of section 405(b).
(2) Limitations
In addition to the requirements provided for by paragraph (1), awards and payment of performance pay shall be subject to the following requirements and limitations:
(A)
Not more than 25 percent of the aggregate number of the members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may receive performance pay in any fiscal year.
(B)
Performance pay shall be awardable to a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve as an annualized amount, but the amount payable shall be prorated from such annualized amount by the number of days in the rating period that the member was on active service (including active service under subchapter VI and active service for training under subchapter V).
(C)
Except as provided in subparagraphs (D) and (E), the annualized amount of performance pay awarded a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve may not exceed 20 percent of the annual rate of basic salary for that member under section 1421.
(D)
Not more than 6 percent of the aggregate number of members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may be awarded performance pay in any fiscal year in an annualized amount which exceeds the percentage limitation specified in subparagraph (C). The annualized amount of performance pay awarded under this subparagraph to a member may not exceed, in any fiscal year, the percentage of basic pay established under section 4507(e)(1) of title 5, United States Code, for Meritorious Executives.
(E)
Not more than 1 percent of the aggregate number of members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve may be awarded performance pay in any fiscal year in an annualized amount which exceeds the percentage limitation specified in subparagraph (C). The annualized amount of performance pay awarded under this subparagraph to a member may not exceed, in any fiscal year, the percentage of basic pay established under section 4507(e)(2) of title 5, United States Code, for Distinguished Executives. Notwithstanding subparagraph (B), pay awarded under this subparagraph may be paid without proration for the number of days in the rating period that the member was on active service if the pay is awarded for a specific action. A member may not be awarded performance pay under subparagraph (D) and this subparagraph in any fiscal year.
(F)
Any award of performance pay under this section shall be subject to the limitation on certain payments under section 5307 of title 5, United States Code, or the limitation under section 402(a)(3) of this Act, whichever is higher.
(G)
Regulations prescribed pursuant to section 405(b)(5) shall apply to payments under this section which are made in the case of any individual whose death precludes payment under subparagraph (F).
(d) Amount and distribution of awards
(1) Amount
The Secretary shall determine the amount of performance pay available under this section each year for distribution among members of the Senior Diplomatic Reserve and the Senior Diplomatic Retiree Reserve.
(2) Distribution
The Secretary shall distribute performance pay to particular members under this section on the basis of recommendations by selection boards used under section 1442.
(e) Grant of certain awards
The President may grant awards of performance pay under this section provided for by subparagraphs (D) and (E) of subsection (c)(2) in the same manner as awards of performance pay are grantable under section 405(d).
(g) Other recognition of meritorious or distinguished service
Notwithstanding any other provision of law, the Secretary may provide for recognition of the meritorious or distinguished service of any member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve by means other than an award of performance pay under this section in lieu of making such an award under this section.
1426. Within-class salary increases for members of the Diplomatic Reserve and Diplomatic Retiree Reserve
(a) In general
Except as provided in subsection (b) and subject to subsection (c), any member of the Diplomatic Reserve or the Diplomatic Retiree Reserve receiving a salary under the Diplomatic Reserve Schedule shall be advanced to the next higher salary step in the member’s salary class at the beginning of the first applicable pay period following completion by the member of a period of 156 continuous weeks of membership in the Diplomatic Reserve Corps.
(b) Earlier advancement for meritorious service
The Secretary may advance a member to a higher salary step under subsection (a) without regard to the completion by the member of the period of continuous membership otherwise required by that subsection if the Secretary determines that the meritorious service of the member warrants such advancement.
(c) No advancement for substandard service
A member may not be advanced to a higher salary step under subsection (a) at the end of the period of active service of the member described in that subsection if the active service member during such period is found, in a review by a selection board used under section 1442, to fall below the standards applicable to member’s salary class.
1427. Special differentials for members of the Diplomatic Reserve and Diplomatic Retiree Reserve
(a) Special differentials
(1) In general
The Secretary of State may pay special differentials, in addition to compensation otherwise authorized, to members of the Diplomatic Reserve and the Diplomatic Retiree Reserve who are required by nature of their assignments on active service under subchapter VI to perform additional work on a regular basis in substantial excess of normal requirements.
(2) Amounts
The amounts of special differentials paid under paragraph (1) for work shall be similar to special differentials paid for additional work paid to Foreign Service officers under section 412(a) for similar work.
(b) Compensatory time off
Nothing in this chapter or subchapter V of chapter 55 of title 5, United States Code, shall preclude the granting of compensatory time off for members of the Diplomatic Reserve Corps on active service under subchapter VI.
1428. Diplomatic Reserve service awards
(a) System of awards required
The President shall establish and maintain a system of awards to confer appropriate recognition of outstanding contributions to the Nation by members of the Diplomatic Reserve Corps.
(b) Medals and other commendations
The system of awards under this section shall provide for the presentation by the President and by the Secretary of medals or other suitable commendations for performance in the course of or beyond the call of duty which involves distinguished meritorious service to the Nation, including extraordinary valor in the face of danger to life or health.
(c) Promotion of recognized human rights as basis for awards
Distinguished meritorious service in the promotion of internationally recognized human rights, including the right to freedom of religion, shall serve as a basis for granting awards under the system of awards under this section.
1429. Treatment of Diplomatic Reserve Corps members receiving annuities under other Federal Government personnel systems
(a) No termination or reduction of retirement annuity or pay
Notwithstanding any provision of section 824 or any other provision of law, the appointment to the Diplomatic Reserve Corps pursuant to subchapter II of a covered annuitant shall not operate to—
(1)
terminate the payment of any retirement annuity, retired pay, or retainer pay otherwise payable to such covered annuitant under the personnel system referred to in subsection (b) in which such covered annuitant is participating; or
(2)
reduce the amount of the retirement annuity, retired pay, or retainer pay otherwise payable to such former participant under such personnel system.
(b) Covered annuitant
For purposes of this section, a covered annuitant is any individual as follows:
(1)
An annuitant receiving a retirement annuity under subchapter I of chapter 8 (the Foreign Service Retirement and Disability System) or subchapter II of that chapter (the Foreign Service Pension System).
(2)
An individual receiving retired or retainer pay under chapter 71 or 1223 of title 10, United States Code.
(3)
An annuitant receiving a retirement annuity under subchapter III of chapter 83 of title 5, United States Code (the Civil Service Retirement System), or chapter 84 of that title (the Federal Employees’ Retirement System).
(4)
An annuitant receiving a retirement annuity, retired pay, or retainer pay under any other Federal Government personnel system.
(c) Active service not creditable toward retirement annuity or pay
(1) Service not creditable toward retirement annuity or pay under other personnel systems
Active service in the Diplomatic Reserve Corps under this chapter of a covered annuitant shall not be treated as creditable service toward the computation or recomputation of the retirement annuity, retired pay, or retainer pay, as applicable, of the covered annuitant under the Federal Government personnel system in which the covered annuitant is participating.
(2) Service not creditable toward retirement annuity under fsps for drc membership
As provided by section 1481(b), active service in the Corps under this chapter of a covered annuitant is not creditable service toward entitlement to or computation of a retirement annuity in connection with membership in the Corps otherwise provided for by subchapter VIII.
1430. Health care
(a) Participation in FEHBP
A member of the Diplomatic Reserve Corps who is not otherwise eligible for participation in the program of health insurance under chapter 89 of title 5, United States Code, shall be deemed an employee for purposes of participation in that program and be treated as if the member were a member of the uniformed services, subject to any conditions and limitations applicable to similarly situated members of the uniformed services participating in that program.
(b) Participation in foreign service health program
(1) In general
Except as provided in paragraph (2), members of the Diplomatic Reserve Corps and their families are eligible for health care under the health care program under section 904.
(2) Limitation on eligibility of family members
Members of the family of a member of the Corps are not covered by the authority in subsection (b)(2) or (d) of section 904 unless such members of the family are accompanying such member of the Corps on an assignment abroad.
(3) Administration
(A) Review
In carrying out the continuing review of the health care program under section 904 required by subsection (f) of that section, the Secretary of State shall take into account the provision of health care to members of the Corps and their families under this subsection.
(B) Reimbursements
Any reimbursements paid to the Department of State for health care provided pursuant to this section shall be credited and available in accordance with the provisions of section 904(g).
1431. Death gratuity
(a) Payment authorized
(1) In general
Subject to paragraph (2), the Secretary of State may provide for payment of a gratuity to the surviving dependents of any member of the Diplomatic Reserve Corps who dies as a result of injuries sustained in the performance of active service under subchapter VI abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under section 5313 of title 5, United States Code, at the time of death.
(2) Limitation on eligible survivors
A survivor is eligible for payment of a gratuity under this section only if the survivor is described by section 414(d).
(b) Guidance
The payment of a death gratuity under this section shall be made in accordance with the guidance issued under section 413(c).
(c) Construction of payment
Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source.
1432. Group life insurance supplement applicable to Diplomatic Reserve Corps members killed in terrorist attacks
(a) Eligibility
(1) In general
Notwithstanding the amounts specified in chapter 87 of title 5, United States Code, a member of the Diplomatic Reserve Corps who dies as a result of injuries sustained while on active service under subchapter VI abroad because of an act of terrorism shall be eligible for a special payment in an amount equal to the special payment authorized by section 415(a)(1) at the time of death, which shall be in addition to any employer provided life insurance coverage.
(2) Act of terrorism defined
In this subsection, the term act of terrorism has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)).
(b) Designation of beneficiary
A payment made under this section shall be made in accordance with the guidance issued under section 413(c).
(c) Construction of payment
A payment made under this section should not be used to reduce any other payment to which a recipient is otherwise eligible under Federal law.
1433. Survivors’ and dependents’ educational assistance
(a) Educational assistance
The Secretary of State shall, in accordance with the guidance issued under section 413(c), provide educational assistance to a beneficiary of any member of the Diplomatic Reserve Corps who dies while on active service under subchapter VI abroad because of an act of terrorism to meet, in whole or in part, the expenses incurred by the beneficiary in pursuing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs.
(b) Amount of assistance
The amount and aggregate period of educational assistance provided to a beneficiary under this section shall be governed by the provisions of section 416(b).
(c) Definitions
In this section:
(1)
The term act of terrorism has the meaning given that term in section 1432(a)(2).
(2)
The terms program of education and educational institution have the meanings given such terms in section 3501 of title 38, United States Code.
1434. Travel and related expenses
(a) In general
The Secretary of State may carry out a program for payment of travel and related expenses of members of the Diplomatic Reserve Corps on active service and their families.
(b) Costs and expenses
(1) In general
The expenses payable under the program authorized by subsection (a) may include such costs and expenses specified in paragraphs (1) through (15) of section 901 as the Secretary considers appropriate for members of the Diplomatic Reserve Corps and their families.
(2) Conformity to expenses for members of foreign service
In carrying out the program, the Secretary shall ensure, to the extent practicable, that the expenses payable for members of the Corps and their families under the program are similar to expenses payable for similarly situated members of the Foreign Service and their families under section 901.
(c) Loan of household effects
The Secretary may provide members of the Diplomatic Reserve Corps with household furnishing and equipment for the same purpose, and on the same basis, as the Secretary provides such furnishing and equipment to similarly situated members of the Foreign Service under section 902.
1435. Representation expenses
In providing for official receptions and payment of entertainment and representational expenses under section 905, the Secretary of State may provide for such receptions, and payment of such expenses, for members of the Diplomatic Reserve Corps and their families for the same purpose, and subject to the same requirements, as are specified in that section.

(b) Ineligibility of diplomatic reserve corps members for overtime pay

Section 5541(2) of title 5, United States Code, is amended in the flush matter following subparagraph (C)—

(1)

by redesignating clauses (xvi) and (xvii) as clauses (xvii) and (xviii), respectively; and

(2)

by inserting after clause (xv) the following new clause (xvi):

(xvi)
A member of the Diplomatic Reserve Corps (including a member of the Senior Diplomatic Reserve, the Senior Diplomatic Retiree Reserve, the Diplomatic Reserve, and the Diplomatic Retiree Reserve);

Sec. 5. Promotion

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 4(a) of this Act, is further amended by adding at the end the following:

IV PROMOTION
1441. Promotion
(a) In general
(1) Members of senior diplomatic reserve
Members of the Senior Diplomatic Reserve are promoted by appointment under section 1413(a) in the Senior Diplomatic Reserve to the higher salary class in the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve.
(2) Members of senior diplomatic retiree reserve
Members of the Senior Diplomatic Retiree Reserve are promoted by appointment under section 1413(b)(1) in the Senior Diplomatic Retiree Reserve to the higher salary class in the Senior Diplomatic and Senior Diplomatic Retiree Reserve.
(3) Members of diplomatic reserve and diplomatic retiree reserve
Members of the Diplomatic Reserve and members of the Diplomatic Retiree Reserve are promoted—
(1)
in the case of members of the Diplomatic Reserve, into the Senior Diplomatic Reserve, by appointment under section 1413(a), subject to the provisions of subsection (c);
(2)
in the case of members of the Diplomatic Retiree Reserve, into the Senior Diplomatic Retiree Reserve by appointment under section 1413(b)(1), subject to the provisions of subsection (c); or
(3)
in the case of other members, by appointment to a higher salary class in the Diplomatic Reserve Schedule under section 1413(c) or 1413(d), as applicable to the member concerned.
(b) Basis for promotions
(1) Recommendations and rankings of selection boards
Promotions of members of the Diplomatic Reserve Corps shall be based upon the rankings and recommendations of selection boards provided for in section 1442.
(2) Satisfactory performance
Notwithstanding paragraph (1), the Secretary of State may by regulation specify categories of members of the Corps and other members of the Corps who may receive promotions on the basis of satisfactory performance.
(c) Promotion of members of diplomatic reserve into senior diplomatic reserve and members of diplomatic retiree reserve into senior diplomatic retiree reserve
(1) In general
Promotions of members of the Diplomatic Reserve into the Senior Diplomatic Reserve, and of members of the Diplomatic Retiree Reserve into the Senior Diplomatic Retiree Reserve, shall be made in accordance with the provisions of section 601(c), except that the requirements of paragraph (6) of that section shall not apply.
(2) Administration
In the administration of section 601(c) for purposes of this subsection—
(A)
any reference to the Foreign Service shall be deemed to be a reference to the Diplomatic Reserve Corps;
(B)
any reference to the Senior Foreign Service shall be deemed to be a reference to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as applicable; and
(C)
any reference to a career member of the Foreign Service assigned to class 1 in the Foreign Service Schedule shall be deemed to be a reference to a member of the Diplomatic Reserve or a member of the Diplomatic Retiree Reserve, as applicable, assigned to class 1 in the Diplomatic Reserve Schedule.
1442. Selection boards
(a) In general
The Secretary of State shall use selection boards for purposes with respect to members of the Diplomatic Reserve Corps set forth in subsection (c).
(b) Establishment of boards or use of existing boards
(1) In general
Selection boards used by the Secretary under this section may, at the election of the Secretary, be—
(A)
boards established by the Secretary pursuant to this section; or
(B)
boards established by the Secretary pursuant to section 602 for the purposes set forth in subsection (a) of that section with respect to members of the Foreign Service.
(2) Requirements for establishment of boards
In establishing selection boards using the authority in paragraph (1)(A), the Secretary shall comply with the requirements and limitations set forth in subsections (b) and (c) of section 602.
(c) Purposes
(1) In general
The purposes of selection boards under this section shall be to evaluate the performance of members of the Diplomatic Reserve Corps, to rank the members of each salary class of the Corps on relative performance, and to make recommendations in connection with each of the following:
(A)
Promotions in accordance with section 1441.
(B)
Awards of performance pay under section 1425.
(C)
Denials of within-class step increases under section 1426(c).
(D)
Grants of limited extensions of appointment to members whose maximum time in class expires under section 1447(a)(3).
(E)
Such other actions as the Secretary may prescribe by regulation, which actions shall, to the extent practicable, be consistent with the actions, if any, prescribed by the Secretary under section 602(a).
(2) Precepts
Selection boards shall act pursuant to this subsection with respect to members of the Corps in accordance with precepts prescribed by the Secretary. Such precepts shall, to the extent practicable, conform to precepts for selection boards acting with respect to members of the Foreign Service prescribed by the Secretary pursuant to chapter 6.
1443. Basis for selection board review and records
(a) In general
The basis for selection board review for purposes set forth in section 1442(c), and the precepts used by selection boards in such review, with respect to members of the Diplomatic Reserve Corps shall be governed by the provisions of section 603.
(b) Accounting for gratuitous service
In undertaking a review for purposes set forth in section 1442(c), a selection board may afford such credit for gratuitous service (including the nature and length of such service) by a member of the Diplomatic Reserve Corps under section 1454 during the review period as the Secretary of State shall prescribe in regulations.
(c) Administration
In the administration of subsection (a) with respect to members of the Diplomatic Reserve Corps—
(1)
any reference in section 603 to the Foreign Service shall be deemed to be a reference to the Diplomatic Reserve Corps; and
(2)
any reference in such section to the Senior Foreign Service shall be deemed a reference to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as applicable.
(d) Records
(1) In general
The provisions of section 604(a) apply to records in connection with selection board reviews with respect to members of the Diplomatic Reserve Corps under this section in the same manner, and subject to the same conditions and limitations, as such provisions apply to records in connection with selection board reviews of members of the Foreign Service under chapter 6.
(2) Records of disciplinary actions
In accordance with section 604(b), any record of disciplinary action that includes a suspension of more than five days taken against a member of the Corps shall remain a part of the personnel records of the member until the member is next promoted.
1444. Implementation of selection board recommendations on promotion
(a) Submittal to secretary of state
Recommendations for promotion made by selection boards under this chapter shall be submitted to the Secretary of State in rank order by specialization within a salary class.
(b) Use of rankings
Except as provided in subsection (c), the Secretary shall make appointments and, with respect to appointments into or within the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, shall make recommendations to the President for promotions, in accordance with the ranking of selection boards submitted pursuant to subsection (a).
(c) Exceptions authorized
(1) In general
In special circumstances set forth in regulations, the Secretary may remove the name of an individual from a rank order list submitted by a selection board under subsection (a) or delay the promotion of an individual named in such a list.
(2) Conformity to regulations applicable to foreign service
The regulations referred to in paragraph (1) shall, to the extent practicable, conform to the regulations applicable to the Foreign Service under section 605(b).
1445. Other bases for increasing pay
The Secretary of State may pursuant to the recommendation of an equal employment opportunity appeals examiner or the Special Counsel of the Merit Systems Protection Board, and shall pursuant to a decision or order of the Merit Systems Protection Board—
(1)
recommend to the President a promotion of a member of the Diplomatic Reserve Corps under subsection (a) or (b)(1) of section 1413;
(2)
promote a member of the Corps under subsection (b)(2), (c), or (d) of section 1413;
(3)
grant performance pay to a member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve under section 1425; or
(4)
grant a within-class salary increase under section 1426 to a member of the Corps who is assigned to a salary class in the Diplomatic Reserve Schedule.
1446. Authority to make certain actions retroactive
(a) Authority
In cases in which the Secretary of State has exercised the authority in section 1444(c), and in implementing section 1445, the Secretary may, in special circumstances set forth in regulations, recommend retroactive promotions by the President, make retroactive promotions, grant performance pay, and make retroactive within-class salary step increases.
(b) Conformity to regulations applicable to foreign service
The regulations referred to in subsection (a) shall, to the extent practicable, conform to the regulations applicable to the Foreign Service under section 606(b).

Sec. 6. Service obligations, service for training, and other service authorities

(a) In general

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 5 of this Act, is further amended by adding at the end the following:

V SERVICE OBLIGATIONS, SERVICE FOR TRAINING, AND OTHER SERVICE
1451. General annual service obligations
(a) In general
Except as specifically provided in regulations prescribed by the Secretary of State and subject to subsections (b), (c), and (d), each member of the Diplomatic Reserve Corps shall be required each year to—
(1)
perform active service for training under this subchapter consisting of—
(A)
not fewer than 24 days of scheduled training, with such training performed—
(i)
during 12 appropriate 2-day periods, one such period each calendar month; and
(ii)
if required by the Secretary, at such other times, and for such durations, as the Secretary considers appropriate; and
(B)
not fewer than 14 days of scheduled training and orientation, with such training and orientation performed—
(i)
during a single, continuous 14-day period; and
(ii)
if required by the Secretary, at such other times, and for such durations, as the Secretary considers appropriate; and
(2)
perform active service under subchapter VI for not more than 30 days at such times, and for such durations, as the Secretary considers appropriate.
(b) Exception for members performing long-Duration active service
A member of the Diplomatic Reserve Corps who performs a continuous period of active service (not including any active service for training under subsection (a)(1) of more than 365 days) may not be required to perform active service or active service for training under subsection (a) during the 365-day period beginning on the day after the last day of such period of active service.
(c) Inapplicability of training requirement to senior diplomatic retiree reserve and diplomatic retiree reserve
(1) In general
Except as provided in paragraph (2), a member of the Senior Diplomatic Retiree Reserve or the Diplomatic Retiree Reserve may not be required to perform active service for training under subsection (a)(1).
(2) Certain training requirable
The Secretary may require a member referred to in paragraph (1) to perform active service for training under subsection (a)(1) if the Secretary considers the training to be provided during such service to be necessary to sustain, enhance or improve, or supplement the member’s skills or experience for optimal performance in the Diplomatic Reserve Corps.
(d) Exclusion of travel time in satisfaction of period of training
In determining the satisfaction by a member of the Diplomatic Reserve Corps of a required duration of training under subsection (a)(1), any period of travel of the member to and from such training shall not be taken into account.
1452. Inactive status
(a) Inactive status
When an authority designated by the Secretary of State considers it in the best interest of the Department of State, a member of the Diplomatic Reserve Corps who cannot perform active service under subchapter VI or active service for training under this subchapter, may, if otherwise qualified, be transferred to inactive status in the Corps.
(b) Regulations
(1) In general
This section shall be administered under regulations prescribed by the Secretary.
(2) Conditions for return to active status
The regulations under paragraph (1) shall specify the conditions, if any, under which a member of the Diplomatic Reserve Corps in inactive status is entitled to be returned to active status in the Corps.
(c) Nature of inactive status
While in inactive status under this section, a member of the Diplomatic Reserve Corps is not eligible for compensation and other benefits under subchapter III or promotion under subchapter IV and does not accrue credit toward retirement under section 1483(b) for purposes of subchapter VIII.
(d) Treatment for authorized strength purposes
While in inactive status under this section, a member of the Diplomatic Reserve Corps does not count against any authorized strength of the Corps, including any limitation on the strength of the Senior Diplomatic Reserve.
1453. Training and orientation
(a) Specification of training and orientation
The Director of the National Foreign Affairs Training Center shall, under the direction and subject to the approval of the Secretary of State, develop the nature and scope of the following in connection with active service for training to be provided members of the Diplomatic Reserve Corps under this subchapter:
(1)
The training to be provided to members for purposes of section 1451(a)(1)(A).
(2)
The training and orientation to be provided to members for purposes of section 1451(a)(1)(B).
(b) Specific elements
The training and the training and orientation developed pursuant to subsection (a) for members of the Diplomatic Reserve Corps shall include the following:
(1)
Training for foreign language proficiency.
(2)
Training for career development, consistent with the program required by section 703.
(3)
Training on human rights, religious freedom, and human trafficking, refugees, child soldiers, and economic and commercial diplomacy, consistent with the requirements of section 708.
(4)
Training on multilateral diplomacy, consistent with the requirements of section 7111(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (22 U.S.C. 4029).
(5)
Training and training and orientation on such other matters as the Secretary considers appropriate.
(c) Conformity with training and orientation provided the foreign service
The training and the training and orientation developed pursuant to this section for members of the Diplomatic Reserve Corps shall conform, to the extent practicable, to the training, orientation, and career development provided to members of the Foreign Service pursuant to chapter 7.
(d) Provision of training and orientation
In providing training and training and orientation to members of the Diplomatic Reserve Corps pursuant to this section, the Secretary may use any of the authorities specified in section 704 to the same extent, and subject to the same conditions and limitations, as the Secretary uses such authorities in the exercise of functions under chapter 7.
1454. Gratuitous service
Notwithstanding section 1342 of title 31, United States Code, the Secretary of State may accept the gratuitous service of a member of the Diplomatic Reserve Corps with respect to the following:
(1)
Furtherance of organizing, administering, recruiting, instructing, or training the Corps.
(2)
Consultation in matters relating to the Department of State.

(b) Role of national foreign affairs training center in training and orientation of diplomatic reserve corps

Section 701(a) of the Foreign Service Act of 1980 (22 U.S.C. 4021(a)) is amended—

(1)

by inserting and the Diplomatic Reserve Corps after the Service the first place it appears; and

(2)

by inserting and members of the Corps after the Service the second place it appears.

Sec. 7. Active service

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 6 of this Act, is further amended by adding at the end the following:

VI ACTIVE SERVICE
1461. General authority for call to active service
(a) National emergency declared by congress
In time of a national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary of State may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active service for the duration of the emergency and for six months thereafter.
(b) National emergency declared by president
(1) In general
In time of a national emergency declared by the President, or when otherwise authorized by law, the Secretary may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active duty for not more than 12 consecutive months.
(2) Fair treatment in recall
To achieve fair treatment between members of the Corps who are being considered for recall to duty without their consent under this subsection, consideration shall be given to—
(A)
the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to ensure such sharing of exposure to hazards as the national security will reasonably allow;
(B)
family responsibilities; and
(C)
employment necessary to maintain the national health, safety, or interest.
(3) Limitation on aggregate number on active service
The number of members of the Corps on active service under this subsection at any one time during a fiscal year may not exceed the number equal to 75 percent of the authorized strength of the Corps as of the end of the fiscal year.
(4) Notification
The Secretary shall notify Congress prior to calling members of the Diplomatic Reserve Corps to active duty pursuant to this subsection.
(5) Joint resolution of disapproval
If any member of the Diplomatic Reserve Corps is called to active duty pursuant to this subsection and remains on active duty for any period of time that exceeds the time limitation described in paragraph (1), such active duty status may be terminated pursuant to the enactment of a joint resolution of disapproval.
(c) Limited duration service
At any time, the Secretary may, without the consent of the member, call any member of the Diplomatic Reserve Corps to active service for not more than 15 days a year.
(d) Failure To perform obligated service
(1) In general
When the Secretary determines, in accordance with regulations prescribed by the Secretary, that a member of the Diplomatic Reserve Corps has failed to participate in active service required by this subchapter or active service for training required by subchapter V, or has failed to perform satisfactorily the duties of any such service, the Secretary may, without the consent of the member, call the member to active service for the performance of active service or active service for training, as the case may be, for not more than 45 days.
(2) Single call per year
A member of the Corps may be called to active service under this subsection only once each calendar year.
(e) Active service with member consent
At any time, the Secretary may call a member of the Diplomatic Reserve Corps to active service, or retain the member on active service, with the consent of the member.
1462. Active service to augment United States diplomatic activities
(a) In general
When the President determines it necessary to augment the diplomatic efforts of the United States, the President may authorize the Secretary of State, without the consent of the member, to call any member of the Diplomatic Reserve Corps to active service for not more than 365 consecutive days.
(b) Scope of authority
The authority in subsection (a) includes authority to call a member of the Diplomatic Reserve Corps to active service to provide assistance in responding to an emergency involving any of the following:
(1)
Attack on a diplomatic or consular facility of the United States.
(2)
Terrorist attack or threat of terrorist attack against United States interests or citizens abroad that results, or could result, in significant loss of life or property.
(3)
Natural or man-made disaster abroad.
(4)
Attack or threat of attack on any nation with which the United States has friendly relations.
(c) Limitation on aggregate number on active service
The number of members of the Diplomatic Reserve Corps on active service under this section at any one time during a fiscal year may not exceed the number equal to 25 percent of the authorized strength of the Corps as of the end of the fiscal year.
(d) Considerations for individuals callable to active service
(1) In general
In determining which members of the Diplomatic Reserve Corps will be called to active service without their consent under this section, appropriate consideration shall be given to—
(A)
the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to ensure such sharing of exposure to hazards as the national security will reasonably allow;
(B)
the frequency of calls to active service for assignment abroad during career service in the Corps;
(C)
family responsibilities; and
(D)
employment necessary to maintain the national health, safety, or interest.
(2) Administration
The Secretary shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection.
(e) Notification of congress
When the President authorizes the Secretary to call any member of the Diplomatic Reserve Corps to active service under the authority in subsection (a), the President shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of the members of the Corps called to active service.
(f) Termination of service
When members of the Diplomatic Reserve Corps are called to active service under authority in subsection (a), the service of such members on active service may terminated by—
(1)
order of the President;
(2)
order of the Secretary; or
(3)
law.
1463. Active service for preplanned missions in support of Department of State bureaus and embassies
(a) In general
When the Secretary of State determines it necessary to augment the regular personnel of the Department of State for a preplanned activity in support of a bureau of the Department or an embassy of the United States, the Secretary may, subject to subsection (b), call any member of the Diplomatic Reserve Corps, without the consent of the member, to active service for not more than 365 days.
(b) Limitation
Members of the Diplomatic Reserve Corps may be called to active service under this section only if—
(1)
the activity and costs of such service are specifically included in the Congressional Budget Justification document, or in a Congressional Notification of Reprogramming, for the fiscal year or years in which such members are anticipated to be called to active service; and
(2)
the budget information on such costs includes a description of the mission for which such members are anticipated to be called to active service and the anticipated length of time of such members to be on active service on an involuntary basis.
(c) Limitation on aggregate number on active service
The number of members of the Diplomatic Reserve Corps on active service under this section at any one time during a fiscal year may not exceed the number equal to 25 percent of the authorized strength of the Corps as of the end of the fiscal year.
(d) Consideration for individuals callable to active service
(1) In general
In determining which members of the Diplomatic Reserve Corps will be called to active service without their consent under this section, appropriate consideration shall be given to—
(A)
the length and nature of prior service in the Corps, with greater weight afforded to service abroad than to service in the United States, to assure such sharing of exposure to hazards as the national security will reasonably allow;
(B)
the frequency of calls to active service for assignment abroad during career service in the Corps;
(C)
family responsibilities; and
(D)
employment necessary to maintain the national health, safety, or interest.
(2) Administration
The Secretary shall prescribe such policies and procedures as the Secretary considers necessary to carry out this subsection.
(e) Notification of congress
When the Secretary calls any member of the Diplomatic Reserve Corps to active service under the authority in subsection (a), the Secretary shall submit to Congress a report, in writing, setting forth the circumstances necessitating the action taken under this section and describing the anticipated use of the members of the Corps called to active service.
(f) Termination of service
When members of the Diplomatic Reserve Corps are called to active service under authority in subsection (a), the service of such members on active service may be terminated by—
(1)
order of the Secretary; or
(2)
law.
1464. Active service for organizing, administering, etc., the Diplomatic Reserve Corps
(a) In general
The Secretary of State may call members of the Diplomatic Reserve Corps to active service duty pursuant to section 1461(e) to perform service organizing, administering, recruiting, instructing, or training the Corps.
(b) Duties
A member of the Diplomatic Reserve Corps on active service under subsection (a) may perform the following additional duties, to the extent that the performance of such duties does not interfere with the performance of the member’s primary Corps duties described in subsection (a):
(1)
Supporting operations or missions assigned in whole or in part to Corps members.
(2)
Supporting operations or missions performed or to be performed by—
(A)
a task force composed of elements from more than one bureau of the Department of State; or
(B)
a task force that includes—
(i)
one or more other Departments or Agencies; or
(ii)
one or more other nations or international organizations.
(3)
Advising the Secretary, the Deputy Secretaries of State, the Under Secretaries of State, the Assistant Secretaries of State, or the Chiefs of Mission regarding Corps matters.
(4)
Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding Corps matters.
1465. Active service for health care
The Secretary of State may call a member of the Diplomatic Reserve Corps to active service, or retain a member on active service, for a period of not more than 30 days while the member is being treated for, or is recovering from, an injury, illness, or disease incurred or aggravated in active service (whether in active service under this subchapter or active service for training under subchapter V) in the line of duty.
1466. Active service with or without pay
(a) In general
Subject to other provisions of this chapter, a member of the Diplomatic Reserve Corps may be ordered to active service under this subchapter or other service (including inactive service for training) or duty—
(1)
with the pay and allowances provided by this chapter for members of the Corps; or
(2)
with the member’s consent, without pay.
(b) Treatment service or duty without pay
Service or duty without pay described in subsection (a)(2) shall be considered for all purposes as if it were service or duty with pay.
(c) Compensation for retention on active service after expiration of term of service
A member of the Diplomatic Reserve Corps who is kept on active service under this subchapter after the term of service otherwise provided for by this subchapter expires is entitled to pay and allowances while on that service, except as they may be forfeited upon a determination of the Director General of the Foreign Service and approved by the Secretary of State.
1467. Active service agreements
(a) Active service agreements
(1) In general
Subject to paragraph (2), in order to provide definite terms of active service under this subchapter for members of the Diplomatic Reserve Corps with their consent, the Secretary of State may make a standard written agreement with any member of the Corps requiring the member to serve for a period of active service under this subchapter of not more than four years. When such an agreement expires, a new one may be made.
(2) Inapplicability during war or national emergency
This subsection does not apply in time of war or national emergency.
(3) Requirement for covered term of service
An agreement may not be made under this subsection unless the specified period of service is at least 2 months longer than any period of active service that the member is otherwise required to perform.
(4) Uniformity of agreements
Agreements made under this subsection shall be uniform so far as practicable, and are subject to such standards and policies as may be described by the Secretary.
(5) Effect of expiration during war or national emergency
If an agreement made under this subsection expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active service, without the member’s consent, as otherwise prescribed by law.
(b) Release from active service without consent
Each agreement made under subsection (a) shall provide that the member of the Diplomatic Reserve Corps may not be released from active service without the member’s consent during the period of the agreement as follows:
(1)
Because of a reduction in the authorized strength of the Corps, unless the release is in accordance with regulations prescribed by the Secretary to determine the members to be released.
(2)
For any other reason, without an opportunity to appeal the decision to the Director General of the Foreign Service, unless the member is—
(A)
dismissed or discharged following the loss of the member’s security clearance;
(B)
released because of an unexplained absence without leave for at least three months;
(C)
released following a conviction and sentencing to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final; or
(D)
released because the member has been low-ranked twice by a selection board provided for by section 1442.
(c) Compensation for unauthorized release without consent
(1) In general
Except as provided in paragraph (2), a member of the Diplomatic Reserve Corps who is released from active service without consent before the end of an agreement made under subsection (a) is entitled to an amount computed by multiplying the number of months of unexpired service under the agreement by the sum of one month basic pay, special pay, and allowances to which the member is entitled on the day of release.
(2) Excluded members
This subsection does not apply to a member of the Corps if the member is—
(A)
released for a reason specified in subparagraph (A) through (D) of paragraph (1);
(B)
released because of a physical disability resulting from the member’s own intentional misconduct or willful neglect;
(C)
eligible for retirement under another provision of law; or
(D)
released to accept an appointment in the Foreign Service or civil service in the Department of State.
(3) Calculation of months
For purposes of this subsection, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of fewer than 15 days is disregarded.
(4) Treatment of payment
The amount to which a member of the Corps is entitled under this subsection is in addition to any pay and allowances to which the member is otherwise entitled.
1468. Other personnel management matters
(a) Use of corps personnel in temporary expansion of department of state personnel
When a temporary expansion of the personnel of the Department of State requires that members of the Diplomatic Reserve Corps be called to active service under this subchapter without their consent, the services of qualified and available members in all classes shall be used, so far as practicable, according to the national security needs of the Department.
(b) Class of active service
A member of the Diplomatic Reserve Corps called to active service under this subchapter shall be called to active service in the salary class, and the salary step (if applicable), to which assigned pursuant to subchapter III at the time of the call to active service.
(c) Types of assignments
A member of the Diplomatic Reserve Corps who is on active service under this subchapter may, under regulations prescribed by the Secretary of State, be assigned to any duty authorized by law for Foreign Service personnel and other employees of the Department.
1469. Release from active service
The Secretary of State may release a member of the Diplomatic Reserve Corps on active service under this subchapter from such active service at any time.
1470. Suspension by President of certain laws and regulations on promotion, retirement, and separation
(a) In general
During any period members of the Diplomatic Reserve Corps are serving on active service pursuant to a call to active service under section 1461, 1462, or 1463, the President may suspend any provision of law and regulations relating to promotion, retirement, or separation applicable to any member of the Corps who the President determines is essential to the national security of the United States.
(b) Termination of suspension
A suspension made under the authority in subsection (a) shall terminate upon the earlier of—
(1)
release from active service of the members of the Diplomatic Reserve Corps covered by such suspension; or
(2)
such time as the President determines the circumstances which required the suspension, or the call of such members to active service no longer exist.
(c) Extension of required retirement or separation
Upon the termination of a suspension made under the authority in subsection (a) of a provision of law otherwise requiring the retirement or separation of members from the Diplomatic Reserve Corps for age or length of service, the Secretary of State shall extend by up to 90 days the otherwise required date of retirement or separation of any member whose retirement or separation, but for the suspension, would have been before the date of termination of the suspension or within 90 days after the date of termination of the suspension.
1470A. Limitation on active service in the United States
Notwithstanding any other provision of this subchapter, no member of the Diplomatic Reserve Corps may be called to active service in the United States for purposes of filling a vacant position of a civil service or Foreign Service employee within the Department for more than 180 days.

Sec. 8. Retirement, termination of appointment, disability, and related maters

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 7 of this Act, is further amended by adding at the end the following:

VII RETIREMENT, TERMINATION OF APPOINTMENT, AND DISABILITY
1471. Voluntary retirement
(a) In general
A member of the Diplomatic Reserve Corps who is at least 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) may, on the member’s application and with the consent of the Secretary of State, be retired from the Corps.
(b) Immediate annuity
A member of the Diplomatic Reserve Corps retired under subsection (a) shall be entitled to an immediate annuity under subchapter VIII.
1472. Mandatory retirement for age
(a) In general
Except as provided in subsection (b), each member of the Diplomatic Reserve Corps shall be retired from the Corps at the end of the month in which the member reaches 65 years of age.
(b) Exceptions
(1) Members of sdr and sdrr
A member of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve who is otherwise required to retire under subsection (a) during the term of an appointment to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as the case may be, may continue to serve in that appointment until that appointment terminates.
(2) Retention of corps members in public interest
When the Secretary of State determines it to be in the public interest, a member of the Diplomatic Reserve Corps who is otherwise required to retire under subsection (a) may be retained in the Corps for a period not to exceed one year from the date on which the member would otherwise be retired under that subsection. Any period of retention under this paragraph may be renewed. Any period or periods of retention of a member under this paragraph shall be considered the aggregate period of retention of the member under this paragraph for purposes of paragraph (3).
(3) Retirement on expiration of exception
A member who completes a period of service authorized by paragraph (1), or completes the aggregate period of retention in the Corps authorized by paragraph (2), shall be retired from the Corps at the end of the month in which such authorized service is completed or such aggregate period is completed, as applicable.
(c) Benefits
(1) Immediate annuity for members with 5 years creditable service
A member of the Diplomatic Reserve Corps who has at least 5 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section is entitled to an immediate annuity under subchapter VIII.
(2) Involuntary separation benefits for other members
A member of the Corps who is not described by paragraph (1) at the time of retirement under this section shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
1473. Retirement or termination of appointment for disability or incapacity
(a) Covered members
This section applies to members of the Diplomatic Reserve Corps who become totally disabled or incapacitated for useful and efficient service in the Corps by reason of disease, injury, or illness (not due to vicious habits, intemperance, or willful conduct of the member concerned).
(b) Retirement
A member of the Diplomatic Reserve Corps covered by subsection (a) who has at least 5 years of service in the Corps creditable toward retirement under section 1483(b) upon becoming totally disabled or incapacitated as described in that subsection shall, upon the member’s own application or upon order of the Secretary of State, be retired from the Corps.
(c) Termination of appointment
(1) Members with fewer than 5 years creditable service
A member of the Diplomatic Reserve Corps covered by subsection (a) who is not retireable under subsection (b) shall have the member’s appointment in the Corps terminated.
(2) Members with disability, etc., caused by member misconduct
A member of the Corps whose disability or incapacity as described in subsection (a) is by reason of a disability, illness, or injury due to vicious habits, intemperance, or willful conduct of the member shall have the member’s appointment in the Corps terminated.
(d) Benefits
(1) Immediate annuity for members with 5 years creditable service
(A) In general
A member of the Diplomatic Reserve Corps who is retired under subsection (b) shall be entitled to an immediate annuity under subchapter VIII.
(B) Computation of annuity for members with fewer than 20 years creditable service
In the case of a member covered by subparagraph (A) who has fewer than 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement, the annuity under that subparagraph shall be computed on the assumption that the member had 20 years of such service at such time, except that the additional service credit that may accrue to a member may not exceed the difference between the member’s age at the time of retirement and 60 years of age.
(2) Involuntary separation benefits for termination of appointment for fewer than 5 years creditable service
A member of the Corps whose appointment in the Corps is terminated under subsection (c)(1) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(3) No benefits for termination of appointment for disability, etc., caused by member misconduct
A member of the Corps whose appointment in the Corps is terminated under subsection (c)(2) is not entitled to benefits under subchapter VIII in connection with the termination or the service so terminated.
1474. Retirement for expiration of maximum time in class
(a) Maximum time in class limitations
(1) In general
The Secretary of State shall, by regulations, establish maximum time in class limitations for members of the Diplomatic Reserve Corps.
(2) Conformity to regulations applicable to foreign service
The regulations prescribed pursuant to paragraph (1) shall, to the extent practicable, conform to the regulations on maximum time in class limitations for members of the Foreign Service under section 607(a).
(b) Other applicable authorities
Paragraphs (2) and (3) of section 607(a) shall apply to maximum time in class limitations established pursuant to subsection (a).
(c) Limited extension in service after expiration of maximum time in class
(1) In general
A member of the Diplomatic Reserve Corps described in paragraph (2) may continue to serve under a limited extension of the member’s appointment after the expiration of the member’s maximum time in class limitation under subsection (a).
(2) Covered members
A member of the Corps described in this paragraph is a member whose maximum time in class under subsection (a) expires—
(A)
after the member attains the highest salary class for the member’s occupational specialty; or
(B)
in the case of members of the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, while they are in a salary class designated by the Secretary for purposes of this subsection.
(3) Grant of extension
An extension may be granted by the Secretary under this subsection only if the Secretary determines that such extension serves the needs of the Corps. In making such determination, the Secretary shall take into account the recommendations of a selection board under section 1442.
(4) Maximum term of extension
The term of an extension under this subsection may not exceed 3 years or the time remaining in the term of the member’s current appointment at the time of expiration of maximum time in class, as elected by the Secretary at the time of expiration.
(5) Renewal
Any term of extension under this subsection may be renewed. Any such renewal shall be made in accordance with the requirements for the granting of extensions under paragraph (3).
(d) Retirement
(1) In general
Each member of the Corps described in paragraph (2) shall be retired from the Corps.
(2) Covered members
A member of the Corps described in this paragraph is a member—
(A)
whose maximum time in class under subsection (a) expires and who is not promoted to a higher class or combination of classes, as the case may be; or
(B)
whose limited extension under subsection (c) expires and is not renewed.
(e) Additional extension authorities
Notwithstanding any other provision of this section, the provisions of section 607(d) shall apply to members of the Corps whose maximum time in class under subsection (a) expires.
(f) Benefits
(1) Immediate annuity for members over 59 with 20 years creditable service
A member of the Diplomatic Reserve Corps who has reached 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section shall be entitled to an immediate annuity under subchapter VIII.
(2) Deferred annuity for members under 60 with 20 years creditable service
A member of the Corps who is under 60 years of age and has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of retirement under this section shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age.
(3) Involuntary separation benefits for other members
A member of the Corps not described by paragraph (1) or (2) at the time of retirement under this section shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(g) Administration
In the administration of subsections (b) and (e)—
(1)
any reference to the Foreign Service shall be deemed to be a reference to the Diplomatic Reserve Corps;
(2)
any reference to members of the Senior Foreign Service shall be deemed to be a reference to the Senior Diplomatic Reserve or the Senior Diplomatic Retiree Reserve, as applicable;
(3)
any reference to a member of the Foreign Service shall be deemed to be a reference to a member of the Diplomatic Reserve or the Diplomatic Retiree Reserve, as applicable; and
(4)
any reference to a career member of the Foreign Service shall be deemed to be a reference to a member of the Corps.
1475. Retirement or termination of appointment based on relative performance
(a) Administrative review of performance
When the review of a selection board under section 1442 indicates that the performance of a member of the Diplomatic Reserve Corps may not meet standards and qualifications of performance prescribed pursuant to section 1491 that are applicable to the member, the Secretary of State shall provide for administrative review of the performance of the member. The review shall include an opportunity for the member to be heard.
(b) Retirement or termination of appointment
If an administrative review conducted under subsection (a) substantiates that a member of the Diplomatic Reserve Corps has failed to meet the standards and qualifications of performance applicable to the member, the member shall—
(1)
in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of such substantiation, be retired from the Corps; or
(2)
in the case of any other member, have the member’s appointment in the Corps terminated.
(c) Benefits
(1) Immediate annuity for members over 59 with 20 years creditable service
A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII.
(2) Deferred annuity for members under 60 with 20 years creditable service
A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age.
(3) Involuntary separation benefits for other members
A member of the Corps whose appointment in the Corps is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
1476. Separation for cause
(a) Separation for cause
The Secretary of State may decide to separate any member of the Diplomatic Reserve Corps for such cause as will promote the efficiency of the Corps.
(b) Notice and opportunity To respond
A member of the Diplomatic Reserve Corps for whom separation is proposed under subsection (a) shall be entitled to—
(1)
written notice stating the specific reasons for the proposed separation;
(2)
a reasonable time to respond orally and in writing to the proposed separation;
(3)
obtain at the member’s own expense representation by an attorney or other representative; and
(4)
a final written decision, including the specific reasons for such decision, as soon as practicable.
(c) Benefits
(1) Involuntary separation benefits
Except as provided in paragraph (2), a member of the Diplomatic Service Corps who is separated under subsection (a) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(2) No benefits for separation based on disloyalty
A member of the Corps whose separation under subsection (a) is determined by the Secretary to be based, in whole or in part, on the ground of disloyalty to the United States is not entitled to benefits under subchapter VIII in connection with the separation or the service from which separated.
1477. Suspension
(a) Suspension
In order to promote the efficiency of the Diplomatic Reserve Corps, the Secretary of State may suspend a member of the Corps when—
(1)
the member’s security clearance is suspended; or
(2)
there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.
(b) Notice and opportunity To respond
A member of the Diplomatic Reserve Corps for whom a suspension is proposed under subsection (a), shall be entitled to the matters specified in paragraphs (1) through (4) of section 1476(b) in connection with notice and an opportunity to respond to the proposed suspension.

Sec. 9. Retirement and disability retirement benefits and related matters

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 8 of this Act, is further amended by adding at the end the following:

VIII RETIREMENT AND DISABILITY RETIREMENT BENEFITS
1481. Participation of members of the Diplomatic Reserve Corps in the Foreign Service Pension System
(a) In general
Except as provided in subsection (b) or as otherwise specifically provided in this subchapter or any other provision of law, the provisions of chapter 84 of title 5, United States Code, shall apply to all members of the Diplomatic Reserve Corps as if such members were participants in the Foreign Service Pension System under subchapter II of chapter 8 of this title, and such members shall be treated in all respects similar to persons whose participation in the Federal Employees’ Retirement System provided in such chapter 84 is required.
(b) Exclusion of members entitled to retirement annuity or pay under other Federal Government personnel systems
Subsection (a) shall not apply to a member of the Diplomatic Reserve Corps if the member, at the time of commencement of membership in the Corps, is entitled (whether or not in receipt) to any of the following:
(1)
A retirement annuity under subchapter I or II of chapter 8 of this title.
(2)
Retired pay or retainer pay under chapter 71 or 1223 of title 10, United States Code.
(3)
A retirement annuity under chapter 83 or 84 of title 5, United States Code.
(4)
Retired pay, retainer pay, or a retirement annuity under any other Federal Government personnel system.
(c) Designation of participating members
A member of the Diplomatic Reserve Corps participating in the Foreign Service Pension System by reason of this section is designated in this subchapter as a participating member of the Diplomatic Reserve Corps or participating member of the Corps.
(d) Administration
In this administration of subchapter II of chapter 8 of this title for purposes of this subchapter, any reference to a participant shall be deemed to be a reference to a participating member of the Diplomatic Reserve Corps.
1482. Treatment of active service as employment under certain retirement benefits laws
(a) In general
Service of a member of the Diplomatic Reserve Corps specified in subsection (b) shall be treated as employment for the purpose of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986.
(b) Covered service
Service of a member of the Diplomatic Reserve Corps specified in this subsection is any service of a member of the Corps (whether or not a participating member of the Corps) as follows:
(1)
Active service for training specified in section 1451(a)(1) that is performed under subchapter V.
(2)
Active service that is performed under any provision of subchapter VI.
1483. Age and service requirements for annuities
(a) Age and service requirements
(1) In general
Except as provided in paragraph (2), a participating member of the Diplomatic Reserve Corps is entitled to an annuity computed under section 1484 if the person—
(A)
has attained 60 years of age; and
(B)
has performed at least 20 years of service in the Corps creditable toward retirement (as computed under subsection (b)).
(2) Members retired for disability or incapacity
A participating member of the Corps who is retired under section 1473(b) is entitled to an annuity upon retirement, regardless of whether the member satisfies the age requirement in paragraph (1)(A) at the time of retirement.
(b) Computation of years of service creditable toward retirement
(1) In general
Subject to paragraphs (2) and (3), the years of service of a participating member in the Diplomatic Reserve Corps that are creditable toward retirement for purposes of this chapter are computed as one year of service for each one-year period in which the member has been credited with at least 50 points on the following bases:
(A)
15 points for membership in the Corps.
(B)
One point for each day of active service that is performed under subchapter VI.
(C)
One point for each day of active service for training specified in section 1451(a) that is performed under subchapter V.
(2) Credit limited to service meeting applicable standards and qualifications
Service of a participating member of the Corps is creditable under subparagraphs (B) and (C) of paragraph (1) only if the service meets the standards and qualifications of performance prescribed under section 1491 that are applicable to the member and such other standards and qualifications as the Secretary of State may prescribe.
(3) Certain service not creditable
The following service or duty of a participating member of the Corps is not creditable toward retirement for purposes of this chapter:
(A)
Service or duty while in inactive status under section 1452.
(B)
Gratuitous service under section 1454.
(C)
Active service for health care under section 1465.
1484. Computation of annuities
(a) In general
Subject to subsections (c), (d), and (e), the annuity of a participating member of the Diplomatic Reserve Corps retiring or retired under subchapter VII or IX and entitled to an annuity under this chapter is the amount equal to the product of—
(1)
the amount equal to 2 percent of the member’s average pay in the Corps; and
(2)
the number equal to the number of years of service of the member creditable toward retirement under section 1483(b).
(b) Average pay
In this section, the term average pay, in the case of a participating member of the Diplomatic Reserve Corps, means the largest annual rate resulting from averaging the member’s basic salary rate or rates under subchapter III in effect over any 3 consecutive years of membership in the Corps (regardless of whether the member performed active service in the Corps during the entire period of such consecutive years).
(c) Limitation on number of years creditable toward retirement
The total number of years of service of a participating member of the Diplomatic Reserve Corps that are creditable toward retirement for purposes of subsection (a)(2) may not exceed 35 years.
(d) Disability or incapacity annuity
In the case of a participating member of the Diplomatic Reserve Corps who is retiring or retired for disability or incapacity under section 1473(b), the member’s annuity under this chapter shall be computed in accordance with section 1473(d) and this subchapter rather than in accordance with section 8452 of title 5, United States Code.
(e) Reduction of annuity for part-Time service
If in any year of membership in the Diplomatic Reserve Corps a participating member of the Corps performs an aggregate of active service in the Corps under subchapters V and VI of fewer than 2,087 hours, the annuity of the member as computed pursuant to subsection (a) or (d) is subject to reduction in accordance with the provisions of section 8415(g)(1) of title 5, United States Code.
1485. Other administrative matters
(a) Annuity supplement
A participating member of the Diplomatic Reserve Corps is not entitled to an annuity supplement provided for by section 855(c), regardless of the member’s age at retirement.
(b) Deemed consent and agreement to deductions and withholdings
Each participating member of the Diplomatic Reserve Corps is deemed to consent and agree to the deductions under section 856(a) in connection with such member’s participation in the Foreign Service Pension System, as modified by the provisions of this subchapter, in connection with membership and service in the Corps as provided for by section 1481(a).

Sec. 10. Other administrative authorities and requirements

Chapter 14 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.), as amended by section 9 of this Act, is further amended by adding at the end the following:

IX OTHER ADMINISTRATIVE AUTHORITIES AND REQUIREMENTS
1491. Standards and qualifications of performance for retention and promotion
(a) Standards and qualifications
The Secretary of State shall prescribe standards and qualifications of performance for the retention and promotion of members of the Diplomatic Reserve Corps.
(b) Periodic determinations of compliance
(1) In general
The Secretary shall establish procedures for the periodic and equitable determination of the compliance of members of the Diplomatic Reserve Corps with the standards and qualifications prescribed pursuant to subsection (a) in their performance of service with the Corps.
(2) Scope and nature of procedures
The procedures established pursuant to paragraph (1)—
(A)
shall include administrative reviews of relative performance of members by selection boards as contemplated by section 1475(a); and
(B)
may include any other procedures for reviews or determinations of performance of members that the Secretary considers appropriate for purposes of this section.
(c) Termination of appointment for performance determined not to standard under additional authorized procedures
(1) In general
A member of the Diplomatic Reserve Corps determined pursuant to the procedures established pursuant to subsection (b)(2) to not meet standards and qualifications of performance prescribed pursuant to subsection (a) applicable to the member shall have the member’s appointment in the Corps terminated.
(2) No benefits for termination of appointment
A member of the Corps whose appointment in the Corps is terminated under paragraph (1) is not entitled to benefits under subchapter VIII in connection with the termination or the service so terminated.
(3) No reappointment
An individual whose appointment in the Corps is terminated under paragraph (1) may not be reappointed to the Corps.
1492. Screening of members
(a) System of screening
Under regulations prescribed by the Secretary of State, a system of continuous screening of members of the Diplomatic Reserve Corps shall be established to ensure the following:
(1)
That there is a proper balance of required skills among the members of the Corps.
(2)
That there will be no significant attrition of members during a call to active service pursuant to subchapter VI.
(3)
That, except for members of the Corps with skills for which there is an overriding requirement, members having critical civilian skills are not retained in numbers beyond the need for such skills.
(4)
That, with due regard to national security requirements, recognition is given in determinations of retention of members of the Corps under this section to service at hardship locations or at which danger pay was authorized.
(b) Retirement or termination of appointment of members excess to requirements
If a member of the Diplomatic Reserve Corps is determined pursuant to screening under subsection (a) to be excess to the requirements of the Corps, the member shall—
(1)
in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or
(2)
in the case of any other member, have the member’s appointment in the Corps terminated.
(c) Benefits
(1) Immediate annuity for members over 59 with 20 years creditable service
A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII.
(2) Deferred annuity for members under 60 with 20 years creditable service
A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age.
(3) Involuntary separation benefits for other members
A member of the Corps whose appointment is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(d) Reappointment of terminated members
(1) In general
An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (b)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in the regulations required by subsection (a).
(2) Effect of reappointment on retirement benefits
(A) Exclusion of terminated service in computing benefits
Except as provided in subparagraph (B), if an individual described in paragraph (1) is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (b)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment.
(B) Credit for terminated service upon repayment of separation benefits
An individual described in paragraph (1) who is reappointed to the Corps shall have the service of the individual described in subparagraph (A) taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (c)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)).
(C) Fund defined
In this paragraph, the term Fund has the meaning given that term in section 852(2).
1493. Medical and dental readiness
(a) Comprehensive assessments required
(1) In general
In order to ensure the medical and dental readiness of members of the Diplomatic Reserve Corps for active service pursuant to a call to active service under subchapter VI, each member of the Corps shall undergo, not less frequently than once every six months, a comprehensive assessment of the medical and dental readiness of such member for such service.
(2) Elements
The Secretary of State shall prescribe in regulations the required elements of the comprehensive assessments required pursuant to paragraph (1).
(b) Submittal of results
Each member of the Corps shall submit to the Chief Medical Officer of the Department of State the results of each comprehensive assessment of medical and dental readiness undergone by such member under this section.
(c) Retirement or termination of appointment of members for lack of medical or dental readiness
If a member of the Diplomatic Reserve Corps is determined as a result of an assessment undergone pursuant to subsection (a) to lack the medical or dental readiness necessary for active service in the Corps as described in that subsection, the member shall—
(1)
in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or
(2)
in the case of any other member, have the member’s appointment in the Corps terminated.
(d) Benefits
(1) Immediate annuity for members over 59 with 20 years creditable service
A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (c)(1) shall be entitled to an immediate annuity under subchapter VIII.
(2) Deferred annuity for members under 60 with 20 years creditable service
A member of the Corps who is under 60 years of age at the time of retirement under subsection (c)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age.
(3) Involuntary separation benefits for other members
A member of the Corps whose appointment is terminated under subsection (c)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(e) Reappointment of terminated members
(1) In general
An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (c)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in regulations.
(2) Effect of reappointment on retirement benefits
(A) Exclusion of terminated service in computing benefits
Except as provided in subparagraph (B), if an individual described in paragraph (1) is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (c)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment.
(B) Credit for terminated service upon repayment of separation benefits
An individual described in paragraph (1) who is reappointed to the Corps shall have the service of the individual described in subparagraph (A) taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (d)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)).
(C) Fund defined
In this paragraph, the term Fund has the meaning given that term in section 852(2).
1494. Reductions in force
(a) Reductions in force
(1) In general
The Secretary of State may conduct reductions in force and shall prescribe regulations for the separation of members of the Diplomatic Reserve Corps under such reductions in force which give due effect to each of the circumstances specified in section 611(a).
(2) Conformity to regulations applicable to foreign service
The regulations prescribed pursuant to paragraph (1) shall, to the extent practicable, conform to regulations on separations of members of the Foreign Service in reductions of force prescribed pursuant to section 611(a).
(b) Retirement or termination of appointment of members during RIFs
If a member of the Diplomatic Reserve Corps is determined to be separable during a reduction in force conducted pursuant to subsection (a), the member shall—
(1)
in the case of a member who has at least 20 years of service in the Corps creditable toward retirement under section 1483(b) at the time of the determination, be retired from the Corps; or
(2)
in the case of any other member, have the member’s appointment in the Corps terminated.
(c) Benefits
(1) Immediate annuity for members over 59 with 20 years creditable service
A member of the Diplomatic Reserve Corps who has reached 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to an immediate annuity under subchapter VIII.
(2) Deferred annuity for members under 60 with 20 years creditable service
A member of the Corps who is under 60 years of age at the time of retirement under subsection (b)(1) shall be entitled to a deferred annuity under subchapter VIII upon reaching 60 years of age.
(3) Involuntary separation benefits for other members
A member of the Corps whose appointment is terminated under subsection (b)(2) shall receive the benefits, if any, for an involuntary separation under subchapter II of chapter 8 of this title that are provided under section 855(b)(3) to similarly situated members of the Foreign Service who are involuntarily retired or separated from the Service.
(d) Reappointment of terminated members
(1) In general
An individual whose appointment in the Diplomatic Reserve Corps is terminated under subsection (b)(2) may be reappointed to the Corps in accordance with such requirements and conditions as the Secretary shall prescribe in regulations.
(2) Effect of reappointment on retirement benefits
(A) Exclusion of terminated service in computing benefits
Except as provided in subparagraph (B), if an individual described in paragraph (1) is reappointed to the Corps, any service of the individual in the Corps before the termination of the individual’s appointment under subsection (b)(2) shall not be taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment.
(B) Credit for terminated service upon repayment of separation benefits
An individual described in paragraph (1) who is reappointed to the Corps shall have the service of the individual described in subparagraph (A) taken into account in computing any benefits to be received by the individual under subchapter VIII by reason of service in the Corps in connection with such reappointment if the individual makes a payment to the Fund equal to the amount of involuntary separation benefits received by the individual under subsection (c)(3) in connection with termination, together with interest on such amount computed in accordance with regulations issued by the Secretary (which regulations shall conform, to the extent practicable, to the regulations issued pursuant to section 854(d)).
(C) Fund defined
In this paragraph, the term Fund has the meaning given that term in section 852(2).
1495. Readiness exercises
Not less frequently than once every two years, the Secretary of State shall conduct a readiness exercise designed to provide a comprehensive assessment of the readiness of the Diplomatic Reserve Corps to provide service for the Foreign Service and the Department of State for the purpose set forth in section 1401(b). Each such exercise shall be as realistic as possible, and shall include the active participation of elements of the Service and the bureaus, offices, and other operating units of the Department with which members of the Corps will interact while on active service.
1496. Personnel records
(a) Personnel records
The Secretary of State shall maintain current adequate personnel records on the members of the Diplomatic Reserve Corps, including records on the following:
(1)
Physical condition.
(2)
Qualifications.
(3)
Civilian occupations skills.
(4)
Availability, and physical, medical, and dental readiness, for active service under this chapter.
(5)
Dependency status.
(6)
Such other information necessary for the efficient administration of the Corps as the Secretary may prescribe.
(b) Records on training service
In maintaining records under this section, the Secretary shall also maintain records on the following for each fiscal year:
(1)
The number of members of the Diplomatic Reserve Corps who participate in active service for training under subchapter V.
(2)
The number of members of the Corps who participate in inactive service for training with pay.
(c) Notice of material change in status
Each member of the Diplomatic Reserve Corps shall notify the Secretary of any material change in any status for which records are maintained under this section.

Sec. 11. Clerical amendment to Foreign Service Act of 1980

Section 2 of the Foreign Service Act of 1980 (22 U.S.C. 3901 note) is amended in the table of contents by inserting after the matter relating to the last chapter of title I the following new matter:

Chapter 14—DIPLOMATIC RESERVE CORPS
Subchapter I—Diplomatic Reserve Corps
Sec. 1401. Diplomatic Reserve Corps.
Sec. 1402. Elements.
Sec. 1403. Administration.
Sec. 1404. Authority of the Inspector General.
Sec. 1405. Headquarters staff.
Sec. 1406. Recruitment.
Subchapter II—APPOINTMENTS AND RELATED MATTERS
Sec. 1411. Authorized strength.
Sec. 1412. Eligibility for appointment.
Sec. 1413. Appointments generally.
Sec. 1414. Appointments to salary classes.
Sec. 1415. Skill identifiers for Diplomatic Reserve Corps members.
Subchapter III—COMPENSATION AND OTHER BENEFITS
Sec. 1421. Salaries of Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve.
Sec. 1422. Diplomatic Reserve Schedule for Diplomatic Reserve and Diplomatic Retiree Reserve.
Sec. 1423. Changes in salary classes.
Sec. 1424. Computation of basic pay.
Sec. 1425. Performance pay for members of the Senior Diplomatic Reserve and Senior Diplomatic Retiree Reserve.
Sec. 1426. Within-class salary increases for members of the Diplomatic Reserve and Diplomatic Retiree Reserve.
Sec. 1427. Special differentials for members of the Diplomatic Reserve and Diplomatic Retiree Reserve.
Sec. 1428. Diplomatic Reserve service awards.
Sec. 1429. Treatment of Diplomatic Reserve Corps members receiving annuities under other Federal Government personnel systems.
Sec. 1430. Health care.
Sec. 1431. Death gratuity.
Sec. 1432. Group life insurance supplement applicable to Diplomatic Reserve Corps members killed in terrorist attacks.
Sec. 1433. Survivors’ and dependents’ educational assistance.
Sec. 1434. Travel and related expenses.
Sec. 1435. Representation expenses.
Subchapter IV—PROMOTION
Sec. 1441. Promotion.
Sec. 1442. Selection boards.
Sec. 1443. Basis for selection board review and records.
Sec. 1444. Implementation of selection board recommendations on promotion.
Sec. 1445. Other bases for increasing pay.
Sec. 1446. Authority to make certain actions retroactive.
Subchapter V—SERVICE OBLIGATIONS, SERVICE FOR TRAINING, AND OTHER SERVICE
Sec. 1451. General annual service obligations.
Sec. 1452. Inactive status.
Sec. 1453. Training and orientation.
Sec. 1454. Gratuitous service.
Subchapter VI—ACTIVE SERVICE
Sec. 1461. General authority for call to active service.
Sec. 1462. Active service to augment United States diplomatic activities.
Sec. 1463. Active service for preplanned missions in support of Department of State bureaus and embassies.
Sec. 1464. Active service for organizing, administering, etc., the Diplomatic Reserve Corps.
Sec. 1465. Active service for health care.
Sec. 1466. Active service with or without pay.
Sec. 1467. Active service agreements.
Sec. 1468. Other personnel management matters.
Sec. 1469. Release from active service.
Sec. 1470. Suspension by President of certain laws and regulations on promotion, retirement, and separation.
Sec. 1470A. Limitation on active service in the United States.
Subchapter VII—RETIREMENT, TERMINATION OF APPOINTMENT, AND DISABILITY
Sec. 1471. Voluntary retirement.
Sec. 1472. Mandatory retirement for age.
Sec. 1473. Retirement or termination of appointment for disability or incapacity.
Sec. 1474. Retirement for expiration of maximum time in class.
Sec. 1475. Retirement or termination of appointment based on relative performance.
Sec. 1476. Separation for cause.
Sec. 1477. Suspension.
Subchapter VIII—RETIREMENT AND DISABILITY RETIREMENT BENEFITS
Sec. 1481. Participation of members of the Diplomatic Reserve Corps in the Foreign Service Pension System.
Sec. 1482. Treatment of active service as employment under certain retirement benefits laws.
Sec. 1483. Age and service requirements for annuities.
Sec. 1484. Computation of annuities.
Sec. 1485. Other administrative matters.
Subchapter IX—OTHER ADMINISTRATIVE AUTHORITIES AND REQUIREMENTS
Sec. 1491. Standards and qualifications of performance for retention and promotion.
Sec. 1492. Screening of members.
Sec. 1493. Medical and dental readiness.
Sec. 1494. Reductions in force.
Sec. 1495. Readiness exercises.
Sec. 1496. Personnel records.

Sec. 12. Employment and reemployment rights of members of the Diplomatic Reserve Corps

(a) Sense of congress

It is the sense of Congress that—

(1)

service in the Diplomatic Reserve Corps is noncareer service for the United States Government that is closely analogous to noncareer service in the uniformed services; and

(2)

extension to the members of the Corps of the rights and responsibilities of members of the uniformed services under chapter 43 of title 38, United States Code, would achieve the purposes set forth in section 4301(a) of that title with respect to persons serving in the Corps and is therefore in the national interest.

(b) Treatment of diplomatic reserve corps on active service as a uniformed service

The paragraph designated paragraph (16) of section 4303 of title 38, United States Code, in the enactment of the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353; 108 Stat. 3149) is amended by inserting after the commissioned officer corps of the National Oceanic and Atmospheric Administration, the following: members of the Diplomatic Reserve Corps when engaged in active service for training under subchapter V of chapter 14 of the Foreign Service Act of 1980 or active service under subchapter VI of that chapter,.

Sec. 13. Applicability of the Servicemembers Civil Relief Act to active service of members of the Diplomatic Reserve Corps

(a) Sense of congress

It is the sense of Congress that—

(1)

service in the Corps is noncareer service for the United States that is closely analogous to noncareer military service in the uniformed services; and

(2)

extension to the members of the Corps of the rights and responsibilities of members of the uniformed services under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et seq.) in connection with active service in the Corps would achieve the purposes set forth in section 2 of that Act in connection with the foreign affairs needs of the Nation, and is therefore in the national interest.

(b) Applicability

Section 101 of the Servicemembers Civil Relief Act (50 U.S.C. 3911) is amended as follows:

(1)

In paragraph (1), by striking means and all that follows and inserting

means—
(A)
a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code; and
(B)
a member of the Diplomatic Reserve Corps under chapter 14 of title I of the Foreign Service Act of 1980.

(2)

In paragraph (2)—

(A)

in subparagraph (B), by striking and at the end;

(B)

by redesignating subparagraph (C) as subparagraph (D); and

(C)

by inserting after subparagraph (B) the following new subparagraph (C):

(C)
in the case of a servicemember who is a member of the Diplomatic Reserve Corps, active service under subchapter VI of chapter 14 of title I of the Foreign Service Act of 1980; and

(3)

In paragraph (7)—

(A)

in subparagraph (B), by striking and at the end;

(B)

in subparagraph (C), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(D)
with respect to a member of the Diplomatic Reserve Corps, the Secretary of State.

Sec. 14. Diplomatic Reserve Corps Account

(a) Account

There is established on the books of the Treasury an account to be known as the Diplomatic Reserve Corps Account (in this section referred to as the Account).

(b) Nature of account

The Account shall be an account of the Department of State within accounts for the Administration of Foreign Affairs.

(c) Elements

The elements of the Account shall include the following:

(1)

Amounts appropriated to the Account by law.

(2)

Amounts transferred to or otherwise deposited in the Account by law.

(3)

Such other elements as are provided for by law.

(d) Availability

(1) In general

Amounts in the Account shall be available as follows:

(A)

For salaries, training and orientation, and human resources management (including recruitment and vetting of personnel) of the Diplomatic Reserve Corps under chapter 14 of title I of the Foreign Service Act of 1980, as added by this chapter.

(B)

For operations, including incidental travel, of the Corps.

(C)

For such other costs and expenses of the Corps as are authorized by law.

(2) Duration of availability of appropriated funds

Except as provided in paragraph (3)(B) or as otherwise provided by law, amounts appropriated to the Account for a fiscal year are available for the purposes specified in paragraph (1) in such fiscal year and the following fiscal year.

(3) Transfer of funds

(A) Transfer authorized

Amounts in the Account may be transferred to the accounts as follows for purposes of paying or otherwise defraying costs and expenses of the Diplomatic Reserve Corps by or through such accounts:

(i)

Diplomatic Programs.

(ii)

Representation Expenses.

(iii)

Payment to the Foreign Service Retirement and Disability Fund.

(B) Merger and availability of transferred amounts

Amounts transferred from the Account to an account pursuant to subparagraph (A) shall be merged with amounts in the account to which transferred, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such account. Amounts transferred from the Account to a subaccount of the account referred to in subparagraph (A)(i) are subject to reprogramming and transfer to the extent provided for by law applicable to such account and subaccounts.

Sec. 15. Funding for the diplomatic reserve corps during a diplomatic contingency

(a) Purpose

The purpose of this section is to provide a funding mechanism for the costs and expenses of the Diplomatic Reserve Corps under chapter 14 of title I of the Foreign Service Act of 1980, as added by this chapter, for members of the Corps on active service under subchapter VI of such chapter 14 in connection with a diplomatic contingency.

(b) Diplomatic contingency

For purposes of this section, a diplomatic contingency is any of the following that results in the call of members of the Diplomatic Reserve Corps to active service:

(1)

A national emergency declared as described in section 1461(a) or 1461(b) of the Foreign Service Act of 1980 (as added by section 7 of this Act).

(2)

An augmentation of the diplomatic efforts of the United States under section 1462 of that Act (as so added).

(3)

An augmentation of the regular personnel of the Department of State for a preplanned activity in support of a bureau of the Department or an embassy of the United States under section 1463 of that Act (as so added).

(c) Funding

Amounts appropriated or transferred to, or deposited in, the Diplomatic Reserve Corps Account established by section 14 of this Act for purposes of a diplomatic contingency shall be available for costs and expenses of members of the Diplomatic Reserve Corps on active service under subchapter VI of chapter 14 of the Foreign Service Act of 1980 (as so added) in connection with the diplomatic contingency in the manner provided by that section for the availability of other amounts in the Account for costs and expenses of the Corps, except as provided in subsection (d).

(d) Duration of availability

Amounts appropriated or transferred to, or deposited in, the Diplomatic Reserve Corps Account as described in subsection (c) for purposes of a diplomatic contingency shall be available for costs and expenses described in that subsection in connection with the diplomatic contingency until expended.